Robert J. v. CATHERINE D.

I.

INTRODUCTION

Appellant Catherine D. challenges an order of the trial court denying her request for attorney fees under Family Code section 7640. Section 7640 gives the court discretion to award attorney fees to a party for the costs associated with actions brought pursuant to California’s Uniform Parentage Act (§ 7600 et seq.).

Catherine sought attorney fees she incurred relating to an order to show cause (OSC) she filed seeking modification of a custody and visitation order entered in a paternity action previously instituted by her daughter’s father, Robert J. The parties had stipulated to paternity in the paternity action. The trial court concluded that once the trial court adopted the stipulation and paternity was established, there was no longer an “action” in which attorney fees could be awarded. According to the trial court, the attorney fees provision of the CUPA grants courts the power to award attorney fees only for those proceedings that take place prior to final judgment on the issue of paternity. The trial court thus concluded that it was without discretion to award Catherine attorney fees for the costs of preparing for and litigating the custody and…